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AN ACT 



rOR THK 

RELIEF OF NEEDY CONFEDERATE 
SOLDIERS AND SAILORS, 

RESIDENT CITIZENS OF ALABAMA, 
ANJ) THEIR WIDOWS. 

BROWN PRINTING CO. MONTGOMERY, ALA. 



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A BILL 

To be entitltd An Act for the Relief of Needy Confederate Soldiers 
and Sailors resident Citiens of Alabama, and their Widows. 
Section 1. — Be it enacted by the General Assembly of Alabama, 
TTiat any resident citizen of this State on the first day of January, 
1899, and who is a resident citizen at the time of filing his applica- 
tion, who while in the military or naval service of this State, or the 
Confederate States, lost a leg or arm, or the use thereof, or who 
from wounds received while in such service, or who from sick- 
ness or old age, or who is blind, or deranged or unablevat the time 
to make a living by physical labor, by reason of his permanent dis- 
ability, and who did not desert the service of the Confederate States 
or the State of Alabama, and who does not own property to the 
value of four hundred dollars, and who has no children living with 
him upon whom he can depend for support, and whose salary or 
income does not exceed three hundred dollars per annum, shall 
be entitled to the provisions of this act, as hereinafter provided, 
and the widow of any soldier or sailor of this State or of the Con- 
federate States, who has not married since the death of such sol- 
dier or sailor, and whose husband did not desert the service of the 
State or of the Confederate States and who was a resident citizen 
of the State on the first day of January, 1899, and who is a resi- 
dent citizen of the State at the time of filing her application, and 
who does not own property to the value of four hundred dollars, 
shall also be entitled ta relief under the provisions of this act, as 
hereinafter provided. 

Section 2.— .Be it further enacted, That within sixty days after 
the passage of this act the Governor shall appoint for each county 
in the State two examiners, whose term of office shall be for six 
years from the date of appointment, one of whom shall be a prac- 
ticing physician of good standing with his profession, and the 
other an ex-Confederate soldier or sailor or good moral character. 
The two shall constitute a board of examiners of pensions for the 
county in which they are appointed, and as such shall discharge 
all the duties prescribed for said board by this act: Provided, that 
before entering upon the discharge of the duties prescribed for the 
county board by this act. each of such appointees shall file with 
the judge of probate of the county, an oath in writing, to be ad- 
ministered by such judge, that they will honestly and faithfully 
discharge all the duties that may devolve upon them as such ex- 
aminers. 



Section 3. — Be it further enacted, That within ninety days after 
the passage of this act the Governor shall appoint three resident 
citizens of this State, whose terms of oflBce shall be for six years 
from date of appointment, one of whom shall be a practicing phy- 
sician of good standing as such in the State, and the other two ex- 
Confederate soldiers of good moral character. The three shall 
constitute a State Board of Examiners of Pensions, and as such 
shall discharge the duties of such board as hereinafter provided 
by this act. Each of said appointees before entering upon the du- 
ties of such examiners shall file in the office of the Secretary of 
State, a written oath that they will honestly and faithfully dis- 
charge all the duties that may devolve upon them as a member of 
said State Board of Examiners. All vacancies that may occur in 
either the County or State Board of Examiners, shall be filled by 
appointment made by the Governor, as the original appointments 
were made. 

Section 4. — [A.s amended by Act approved March 5, 1.901.] Be it 
further enacted. That upon the first Monday in July after the pas- 
sage of this act, and upon the same date in each year thereafter, 
the County Board of Examiners shall tneet at the County seat of 
their respective counties and open an office for the examination of 
applicants for pensions under this act. They shall give due no- 
tice by publication in some newspaper published in the county, 
or by posting at the court house door of the county and five other 
public places for three weeks of the time and place of their meet- 
ing. They shall keep their office open for the examination of ap- 
plicants from 9 o'clock a. m. until 4 o'clock p. m. in week days for 
the first ten days after said first Monday in July, after which they 
may keep open for such time as may be necessary to examine the 
applications filed with them. 

Section 5. — [As amended by Act approved March 5, 1901.] Be 
it further enacted, Thiat the State Board of Examiners shall meet 
at the capitol in the city of Montgomery, on the second Monday in 
August, 1901, and on the same day in each year thereafter (they 
having been notified by the Auditor that there were applications 
to be passed upon), for the purpose of examining applications sub- 
mitted to them, as hereinafter provided. They shall contnue in 
session during week days until all applications filed with them 
shall be passed upon. Provided, they shall not receive pay for 
more than fifteen days during any yaer. 

Section 6. — \As amended by act approved March 5, 1901.] Be it 
further enacted, That lany soldier or sailor who served in the Con- 
federate army or in the militia who deems himself entitled to the 
benefits of this act shall file with the County Board of Examiners 



his application in writing upon blanks to be furnished him by the 
judge of probate of the county in which he resides, setting forth 
that he was a Confederate souldier or sailor; or a soldier or sailor 
in the service of the State of Alabama; that he did not desert the 
service; that he is not possessed, either in his own name or that 
of his wife, with property to the value of $400; that his income 
does not exceed $300 from saliary or otherwise; that he has no 
children living with him upon whom he can depend for support; 
that owing to his disabled condition he can not make a living by 
manual labor, he shall also state in what company and regiment 
(provided he was in a regiment), and what branch of the service 
he served; whether he was honorably discharged or whether he 
surrendered with the army; giving his age and the nature of the 
wound he received, also in what engagement such wounds .were 
received, and the reason why he cannot make a livelihood by man- 
ual labor; he shall also file with said board a complete inventory 
of all the property owned by himself and wife (provided he has a 
wife) ; the averments of the application must be sworn to by the 
applicant before one of the County Board of Examiners or some 
other officer who is authorized by law to administer an oath. The 
fact of his having served in the Confederate army or in the State 
troops of Alabama must be proven by the affidavit of two reliable 
persons who are acquainted with the facts, such aj davit must be 
sworn to before some officer authorized to administer an oath, and 
if such officer and witnesses be non-residents of the State of Ala- 
bama the veracity of the witnesses shall be certified to by the offi- 
cer taking the affidavit. Provided, that when any applicant has 
his parole or honorable discharge, said instrument shall be prima 
facie proof of his right to a pension. 

Section 7. — [As amended by Act approved March 5, 1901.] Be 
it further enacted, That if the widow of any Confederate soldier 
or sailor or the widow of any Alabama soldier or sailor who served 
the State in the war between the States and who was a citizen of 
the State on the 1st day of January, 1899, and who is a citizen of 
the State at the time of filing her application, deems herself enti- 
tled to the benefits of this act, she shall file with the Board of Ex- 
aminers of the county of her residence her application in writing 
upon blanks to be furnished by the judge of probate of the county, 
stating the name of her deceased husband, the company and regi- 
ment to which he belonged, whether he was killed or died in the 
service or not; that she has no children living with her upon whom 
she can depend for support; that she has not since remarried; and 
that the value of her property does not exceed $400, and that she 
has not sufficient means of support. She shall also file with said 



board a complete inventory of all the property, both real and per- 
sonal, that she owns, which application must be sworn to by the 
applicant, and that the fact of her deceased husband having served 
as alleged and of his not deserting must be proven by the affidavit 
of two reliable witnesses who are acquainted with the facts, or by 
a parole or discharge given him at the surrender; such affidavit 
must be sworn to before some officer authorized to administer an 
oath, and if the officers and witnesses are non-residents of the 
State of Alabama the officer taking the affidavit must certify to the 
veracity of the witnesses. Provided, That the widow of any Con- 
federate veteran who is now on the pension roll as now existing 
shall be placed on the pension record, and she shall become entitled 
to the amount of money allowed by law to the widows of Confeder- 
ate veterans upon proof by two reputable witnesses that she is the 
widow of such Confederate veteran, and has not remarried since 
the death of her husband. 

Section 8. — [As amended by Act approved March 5, 1901.] Be 
it further enacted, That at the July term or session of the county 
board in each year they shall call before them all applicants for 
pensions under this act and subject them to an oral and physical 
examination, reducing said examination to writing, to be submit- 
ted to the State Board of Examiners; they shall also furnish to 
the State board their total valuation of the property owned by the 
applicant. If the County Board of Exameinrs shall find themselves 
unable to decide upon an application from the evidence submit- 
ted, they shall have the right to summon witnesses or consider 
other evidence they may be able to secure in passing upon appli- 
cations. Provided, if an applicant is not able to appear before the 
board by reason of inability to travel or insanity, and the board 
is satisfied of the merits of the application or can ascertain from 
reliable witnesses the information necessary for their intelligent 
decision, they shall have the right to do so. ' The county board 
shall submit to the State Board of Examiners through the Audi- 
tor of the State their decision in each case examined by them, stat- 
ing whether or not the applicantion should be granted, and if 
granted from what disability the applicant is suffering, together 
with any comments or information that may be of value to the 
State Board i^ arriving at an equitable decision. All applications 
passed upon by the county board, together with all papers pertain- 
ing thereto, including their own findings whether the application 
be granted or not. shall be by the County Board of Examiners for- 
warded to the Auditor at Montgomery, Ala., on or before the 5th 
day of August in each year. 

Section 9.— [As amended by Act approved March 5, 1901.] That 



it shall be the duty of the State Board of Examiners to receive from 
the Auditor the applications forwarded him by the county boards, 
and examine carefully and separately each application, together 
with all the evidences furnished by said county board, and decide 
whether or not the application should be granted, and if granted 
in what class the pensioners shall be placed. If the application be 
granted they shall so endorse upon the back of the application. If 
the application is refused they shall so endorse it, giving the 
grounds of refusal. After the Board of State Examiners shall have 
passed upon the application from a county they shall return the 
same to the Auditor, who shall dispose of them as hereinafter pro- 
vided. 

Section 10. [As amended by Act approved March 5, 1901.] That 
as compensation for services rendered under this act the County 
Board of Examiners for the year 1899 and 1900 shall receive as 
follows: In the counties where the applicants number 50 or less, 
50 cents each for each application passed upon by them and re- 
ported to the State Board. In counties where the number is more , 
than 50 and less than 100, 40 cents each, and in all counties where 
there are 100 or more applicants they shall receive 30 cents for each 
applicant. After the year 1900 each member of a county board 
shall receive $1.00 for each application passed upon. The State 
Board of Examiners shall receive $4.00 per diem for days spent in 
the actual discharge of duty together with the actual expense of 
travel to and from the capitol for one trip only; provided that in 
no one year said board be paid for more than fifteen days' service. 
Section 11.— Be it further enacted, That upon the receipt of an 
itemized statement, sworn to as other claims against the State from 
the County and State Boards of Examiners by the Auditor, he find- 
ing the same to be correct and unpaid, he shall draw his w^arrant 
upon the State Treasurer payable out of the pension fund then on 
han, in payment thereof. 

Section 12.— Be it further enacted, That the beneficiaries of this 
act, shall be divided in four classes; as follows, soldiers or sail- 
ors, who are totally blind, or who have lost two limbs, or the en- 
tire use thereof, shall be class number one; those who have lost a 
leg above the knee, or an arm above the elbow, shall be class 
number two; those who have lost a foot or hand, or the entire use 
thereof, shall be classed number three; and all others including 
the widows shall be class number four. Each class shall participate 
in the division of the pension fund in the proportion hereinafter 
provided. 

Section 13. — Be it further enacted. That the Auditor of the State 
shall have prepared a substantially bound and properly ruled rec- 



ord to be used as a permanent State record of pensions, in which 
he shall have recorded in alphabetical order according to counties, 
the names of all pensioners who have been granted relief under 
this act by the boards of examiners, giving the command to which 
such pensioner belonged, age at the time of filing his application, 
branch of sex'vice, nature of disability under which he claims a pen- 
sion, nature of wounds if wounded in the service, and the engage- 
ment in which such wounds were received. All applications re- 
jected by the board shall be returned to the County Board of Ex- 
aminers, who shall file them with the judge of probate in the 
county to be kept for future reference. 

Section 14. — Be it further enacted. That it shall be the duty of 
the Auditor, after completing the record provided for by section 
13 of this act, to furnish each Judge of Probate in the State, an 
abstract of all pensioners in his county, which abstract of copy 
shall be by the Judge of Probate recorded in a substantially bound 
and properly ruled book, to be kept in his office as a public record 
of pensions. 

Section 15. — Be it further enacted. That immediately after the 
passage of this act, the Auditor shall prepare and furnish to the 
judges of probate in the State, sample copies of blank applications, 
affidavits and such other blanks as he may deem necessary to carry 
out the provisions of this act. It shall be the duty of the judges 
of probate, to have printed without delay, a sufficient number of 
all blanks furnished him for the use of applicants in his county, 
the same shall be furnished free of cost to those desiring to make 
application for relief under this act, provided, that all records, 
blanks, and other stationery necessary for the use of applicants, 
or the Board of County Examiners, shall be paid for by the county 
as other stationery is, and that used by the Auditor, shall be paid 
for by the State as other stationery is. 

Section Itl. — [As amended by Act approved March 5, 1901.] Be 
it further enacted. That immediately after the first day of October 
in each year the Auditor shall ascertain the amount of pension 
fund subject to distribution for that year land pro rate the same 
among all those who have been granted pensions in the ratio as 
follows: To the first class, 60 cents; to the second class, 50 cents; 
to the third class. 40 cents; and to the fourth class, 30 cents; pro- 
vided, that in no one year shajll the first class receive over sixty 
dollars, the second class over fifty dollars, the third clas over forty, 
nor the fourth class over thirty. Any amount remaining in the 
fund after each class shall have received its maximum amount 
shall be by the Auditor certified into the general fund of the State. 

Section 17. — Be it further enacted. That as early after the first 



day of October in each year as practicable, the Auditor shall draw 
his warrant in favor of each pensioner, upon the treasurer payable 
out of the pension fund, for such amount a may be found due un- 
der the provisions of this act, which warrant together with a blank 
receipt to be signed by the payee upon the receipt of such war- 
rant, shall be sent to the judge of probate in which the pensioner 
resides. It shall be the duty of the judge of probate to deliver 
such warrants to the payees, having them to sign the receipt ac- 
companying, which receipts the judge of probate shiall retain in 
his custody, until the first day of June in each year, after which 
time he shall return to the Auditor all receipts taken by him for 
such pension v.^arrant, together with any warrant that he may have 
in his hands which he could not deliver, all warrants so returned 
to the Auditor shall be by him cancelled and no other warrant shall 
be issued in the place of those cancelled. 

Section 18.— Be it enacted by the Legislature of Alabama, That 
section nine of an act entitled an act for the relief of needdy Con- 
federate soldiers and sailors, resident citizens of Alabama, and 
their widows, approved March 4th, 1901. be and the same is 
hereby amended so as to road as follows: Section 9. Be it fur- 
ther enacted. That it shall be the duty of the County Board of Ex- 
aminers in each year to revise the pension roll of their respective 
counties, and if upon careful investigation it shald appear to them 
that any pensioner whose name stands on the roll is in any way 
illegally drawing a pension, the name of such pensioner, together 
with the name of any pensioner who has died or removed from the 
State, shall be sent to the State Board of Examiners with a rec- 
ommendation that the name of such pensioner be erased from the 
pension roll. If upon receipt of such information by the State 
Board of Examiners it should appear to them that any erasures 
should be made from the roll, it shall be their duty to so notify 
the Auditor whose duty it .shall be to so notify the judge of pro- 
bate, and no warrant shall thereafter be issued to any pensioner 
whose name the State Board of Examiners shall decide should be 
erased from the pension roll. Provided, That should a pensioner 
die after the office of the County Board of Examiners has been 
closed and prior to the issuance of the warrant, and the name of 
the widow of such pensioner has not been placed upon the pen- 
sion roll for the same year the judge of probate shall deliver the 
warrant to the widow or minor child or children of such deceased 
pensioner, and shoulc^ there be no widow or minor child of such 
deceased pensioner, the judge of probate shall endorse and collect 
the warrant and attach to them his certificate showing the facts 
upon which he is herein authorized to so endorse and collect the 



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warrant, and the proceeds thereof he shall apply first to the pay- 
ment of the burial expenses; second, to the expense of the last 
illness of such pensioner. 

Section 19.— Be it further enacted, That it shall not be necessary 
tor any soldier, sailor nor widow, who has been granted a pension 
to make application the second time, but those who have been re- 
jected may file their applications again; Provided, they were not 
rejected, for an attempt at fraud, or false statements, or for not 
having served in the Confederate army, or in the troops of Ala- 
bama, these are barred from making a second application. 

Section 20. — [As amended by Act approved March 5, 1901.] Be it 
further enacted, TTiat the failure of an applicant to give the day 
oL enlistment or discharge or the letter of the company or regi- 
ment in which he served shall not be sufficient cause of rejection. 
Neither shall the fact of having done service in the home guard 
or State reserve or State militia of any other State than Alabama 
entitle an applicant to relief under this Act. 

tecion 21. — Be it further enacted. That if it shall be ascertained 
that any pensioner secured the grant of his pension, by misrepre- 
sentation either by himself or others^ his name shall be stricken 
from the pension records of the county and State, and the fact be 
reported to the grand jury for their investigation. 

Section 22. — Be it further enacted. That each member of the 
county board is hereby authorized and granted power to adminis- 
ter oaths to applicants and witnesses. Any applicant under this 
act, or any witnes examined, or whose affidavit is used in connec- 
tion with an application, who swears falsely to any material mat- 
ter, in connection therewith, shall be guilty of perjury. 

Section 23. — Be it further enacted, That to carry out the pro- 
visions of this act, la special tax of one mill on each one dollar 
of the taxable property of the State shall be assessed and collected 
annually, as other taxes are, but separately reported by the as- 
sessors and collectors, and set apart in the treasury to carry out 
the provisions of this act, but the benefit of this act shall not 
enure to any soldier or sailor, or the widow of any soldier or sailor, 
who owns $400 worth of property, or who has an annual income 
of $400 or more. 

Section 24. — Be it further enacted. That all laws and parts of 
laws in conflict with the provisions of this act, be and the same 
are hereby repealed. 

Approved February 10, 1899. 



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